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1996-03-18
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2/21/96, argyll@earthlink.net, Irvine, California USA
Freedom from Fear
By Hal O'Brien, argyll@earthlink.net.
"If men are to be precluded from offering their
sentiments on a matter which may involve the most
serious and alarming consequences that can invite the
consideration of mankind, reason is of no use to us;
the freedom of speech may be taken away, and dumb and
silent we may be led, like sheep to the slaughter."
-- George Washington
Letter to his officers, 15 March 1783
--------------
"The government of the United States has been
emphatically termed a government of laws, and not of
men. It will certainly cease to deserve this high
appellation, if the laws furnish no remedy for the
violation of a vested legal right."
-- Chief Justice John Marshall
Marbury v. Madison, 1803
--------------
"The loss of First Amendment freedoms, for even minimal
periods of time, unquestionably constitutes irreparable
injury."
-- Justice William Brennan
Elrod v. Burns, 1976
--------------
"There is no hate without fear. Hate is crystallized
fear, fear's dividend, fear objectivized. We hate what
we fear and so where hate is, fear is lurking. Thus we
hate what threatens our person, our liberty, our
privacy, our income, popularity, vanity and our dreams
and plans for ourselves. If we can isolate this element
in what we hate we may learn to cease from hating.
Analyse in this way the hatred of ideas, or of the type
of person whom one has once loved and whose face in
preserved in Spirits of Anger. Hate is the consequence
of fear; we fear something before we hate it; a child
who fears noises becomes a man who hates noise."
-- Cyril Connolly
The Unquiet Grave, 1945
--------------
Hello, Mr. Washington.
As one citizen to another, allow me to introduce myself on this,
your 264th birthday.
My name is Hal O'Brien. I am thirty two years old, and I live in
Irvine, California. I'm the editor and publisher of Pacific Edge
Magazine.
Let me make a big jump here, Mr. Washington. I think that the
cornerstone of all freedoms is the freedom from fear.
What do I mean by that?
When we say "freedom of speech", what we really mean is the
freedom to speak our minds without fear of the government locking
us up in prison.
When we say "freedom of assembly", we really mean the freedom to
gather together without fear of the government's troops coming
along and busting up the meeting.
When we say "freedom of religion", we really mean the freedom to
worship whatever deity we please, in whatever way that isn't
harmful to others, without fear of the government forcing
somebody else's beliefs upon us, and our children, and without
fear that we'll be persecuted for our own beliefs.
When we say "freedom of press", we really mean the freedom to
publish our thoughts through our writings, so that others may
know of them, without the fear of crossing the criminal threshold
of "intending... to annoy" found in Senate Bill S.652 (aka the
Telecom Bill).
What's that, George? You say that the Constitution that your
friends John Adams, and John Madison, and Alexander Hamilton
drafted, and that you were the first President to serve... You
say that it says, "Congress shall make no law... abridging the
freedom of speech, or of the press"?
You're right, George. It does say that. Still.
("For now", I whisper, when I'm depressed about my fellow man.)
But, apparently, your successors didn't believe you guys meant it
when you wrote those words. Even though they've sworn an oath to
either "preserve and protect" (the President) or "support and
defend" (Congressmembers) the Constitution that John and Alex
wrote.
No, I don't understand how supposedly literate people can
misunderstand such simple sentences either.
There are people, George, who call me a First Amendment
absolutist. And I tell them, I'm not the absolutist on the
subject... The Amendment is. And I believe in enforcing our
Constitution as written.
See, it's a funny thing... I don't see the word "except" anywhere
in there. I don't see it say, "Congress shall make no law...
except when they think it's a good idea." Or, "Congress shall
make no law... except when the moral platitudes of the week seem
to demand it to get good ratings".
What are ratings? Hmm... Let me get back to you on that, George,
it'll take a while to explain.
As I see it, when you combine the Clipper chip initiative, and
the White Paper on electronic copyright issues, and the Digital
Telephony bill with its wiretap provisions, and the National
Security Agency's attitude towards encryption by citizens, and
the Telecom Bill's censorship provisions, and...
It seems fairly clear to me: They hate us citizens on the Net,
George.
Which means, as Mr. Connolly pointed out, that they fear us a
great deal. They would not be trying to use a set of ten ton
hammers to tear away the Constitutional protections of US
citizens unless they were very afraid.
But this is the strange thing. Because, in the system you and the
other Founders established, we are the government, and they are
us.
Which means that when the US government fears its citizens, it's
really a form of self-hate.
No, George, I don't quite understand it either. I merely observe
it.
But I know, from having studied your life and the lives of your
contemporaries, that what really got the Revolution started was
the fact that you all thought your rights as Englishmen were
being denied to you merely because of where in the Kingdom you
happened to live -- the Colonies.
Today, it seems the US government is determined to make the
mistake of denying rights to citizens as Americans merely because
of the medium in which they happen to live, think, and write --
the Internet.
And it seems to me that they're running a terrible risk to the
country, and to the rule of law, by doing that.
What do I see happening on the Net that they're so afraid of?
There's lots more people in the country now. So the press have
become "gatekeepers" when it comes to public perceptions of what
happens in government. But the Net lets ordinary citizens look at
such things as the Congressional Record, and the text of bills,
and other similar primary source materials, without press
intervention.
It's been getting very expensive to publish anything in this
country with wide distribution. But the Net makes it possible to
self-publish widely and cheaply, not unlike what Tom Paine, and
the authors of the Federalist Papers were able to do. And, like
the Federalist authors, one can remain anonymous doing it. (Even
back then, remailers were a big thing.)
Citizens can use the Net to organize themselves into voting
blocks, without any intervention from the major parties. These
days, George, many officeholders get elected by so digusting
their opponents' voters, that more of the opponents' voters stay
home and don't vote, than the officeholders' voters clamp their
nose, go to the polls, and do vote. The Net makes it possible for
people to organize to vote for somebody again, rather than
against someone.
The Net makes it possible for people to talk in the equivalent of
a Town Square, with all speakers being equal in the eyes of their
readers, until the force of their arguments is presented. People
can be judged by the soundness of their ideas, instead of the
accident of their charisma.
Yes, George, I know it sounds like the Net might make politics
more closely resemble the public life of your day than anything
else has been able to do for over a century.
In my darker moments, that's what I think they're afraid of,
rather than being a bunch of old men and women scared of that
which happens to be new, which is the most likely theory.
What can be done?
Hmm... you could send a dollar over to the American Civil
Liberties Union, to help defray the cost of bringing their court
challenge to the bill, ACLU v. Reno to trial...
Here... Here's a dollar bill...
Yes, that is you on the front.
No, George, I don't think it's a very good likeness eith--
[sigh]
Well, I'll send a letter to the Treasury Department, and see what
I can do...
Happy Birthday, George.
-- Hal O'Brien